1.1 Welcome to the website of ÉSOPHY, www.esophychocolates.com (hereinafter also referred to as the “website”). ÉSOPHY is a chocolate production company that produces chocolate products inspired from the Mediterranean and the website www.esophychocolate.com and is addressed to anyone who would like to visit its pages and use its services. The owner of this Website is the company under the name “ESOPHY IKE”, based at 10, Agiou Trifonos street, Kifisia, 14562 Greece, Tax Registration Number: 801000638, Tax Office: Kifisia, (hereinafter referred to as “ÉSOPHY”, “we”, “us”), which is also the Website administrator.
1.2. Access to this website and to the products and services offered through this website (hereinafter referred to as the “Services”), the use of these as well as the execution of transactions are subject to these terms, conditions and notes (hereinafter referred to as the “Terms and Conditions”). By browsing the Website and using the Services and/or proceeding to transactions of Products, you consent to the current Terms and Conditions in their entirety, as well as to their occasional updates, which govern the relationship between yourself and us. In case of disagreement or reservation on your part regarding part or all of the present terms you can contact us through the section “Contact us”, before browsing or using the Services, or you may even send us a letter in our address. Otherwise the acceptance of all terms by you is unconditional.
1.4. This Website also contains links to other websites, which are not operated by ÉSOPHY (the “Linked sites”). ÉSOPHY has no control over the Linked Sites, and does not guarantee the timeliness, accuracy, legality, completeness or quality of their content and accepts no responsibility for them or for any loss or damage that may be caused by their use. Your use of the Linked Sites will be subject to the terms and conditions applicable to each website.
1.5. In case you wish, you can register in our list in order to receive our newsletters and to our website to become an official member of ÉSOPHY’s family.
- Description of transactions and Services
2.1. ÉSOPHY’S online store displays, promotes and resells the products that it produces on her own or of suppliers with whom it collaborates. The term supplier is used as defined in L. 2251/1994 on consumer protection, as well as each producer/packer, importer/distributor, as defined in specific legislative provisions (hereinafter referred to as “suppliers” in short). The company reserves the right to select freely the products that it displays on its website and to modify, update and/or withdraw these at any time and without prior notice.
2.2. In addition, ÉSOPHY’S website features food preparation recommendations to which all users have access exclusively for domestic use. The website content is intended exclusively for consumers who are above the age of eighteen (18). The result of the execution of these recommendations cannot be guaranteed, even if all steps are followed according to the instructions given by us. The consumer is solely responsible for the result or any problem that may arise whilst preparing a recommendation. In short, each recommendation is provided “as is”. The additional information about each product must always be taken in serious consideration, whether it refers to storage, consumption, cooking, or any other possible use of such product, as well as to the properties of the devices and other tools used for the execution of the recipes.
- Prohibitions when accessing and using the Website
3.1 You shall not misuse this Website; you shall not hinder or interfere in any way with the operation of the website or replace or modify its content. You shall not commit or encourage a criminal offense, transmit or distribute viruses, trojans, worms, logic bombs, or post any other malicious or technologically harmful material and you shall not commit any actions that can lead to unacceptable or extensive damage to the infrastructure or operation of the website. Furthermore, you shall not use the website in breach of confidence or in any offensive or obscene way.
3.2. In addition, you shall not hack into any aspect of the Services, corrupt data, cause annoyance to other users, violate any other person’s proprietary rights, send any unsolicited advertising or promotional material, commonly referred to as “spam”, or attempt to influence the performance or functionality of any facilities of or accessed through this Website. Any breach of this provision shall constitute a criminal offense under Greek legislation. ÉSOPHY will report any such breach coming to its attention to the relevant law enforcement authorities and will disclose your identity to them under the conditions of the law.
3.3. You may connect to our website under the terms of articles 4.4. and 12 with your own means and via companies and providers of your choice.
- Intellectual Property, Software and Content
4.1. The website www.esophychocolates.gr is the official website of ÉSOPHY. The intellectual property rights of all the software and content you access on or through this website remains the property of ÉSOPHY or its licensors and are protected by international copyright laws and treaties on intellectual property rights. All such rights are reserved by ÉSOPHY and its licensors.
4.2. Under no circumstances should the display and view of the website’s content be construed as a transfer and/or cession of authorization and/or its right of use to anyone. You may store, print and view the available content solely for personal use. You may not publish, handle, distribute, copy in whole or in part, transfer, alter, store, re-publish, modify or otherwise reproduce, in any format, any part of the content or copies of the content provided to you or featuring on this Website, nor may you use any such content in relation to any business or commercial activity without ÉSOPHY’S written permission. In addition, you may not modify, translate, reverse engineer, rebuild or create derivative works using any software or accompanying documentation offered by ÉSOPHY or its licensors. Moreover, you are not granted any license or consent to use ÉSOPHY’S trademarks in any way, and you consent not to use such trademarks or any trademarks which are similar in colour, without ÉSOPHY’S written permission.
4.3. We do not claim or guarantee the accuracy or reliability of any of the information or content regarding any goods or services, software or advertisements contained on, distributed through, received by or linked and accessed through this website.
- Website access license
5.1.Users are hereby granted a limited license to access and make personal use of this Website, but not to download or modify it, or any part of it, except with ÉSOPHY’S express written permission. This license does not allow for any resale or commercial use of this website or its content, any collection and use of any product listings, descriptions, or prices, any derivative use of this Website or its content, any downloading or copying of account information to the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools.
5.2. It is prohibited to reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this website or any part of it for any commercial purpose, without our express written permission. We have exclusive rights to the domain name of our firm and all brands represented on our site are rightfully subject to lawful protection.
5.3. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including videos, images, text, page layout, or form) of the website of ÉSOPHY and its affiliates without our written permission. You may not use any “meta tags” or any other “hidden text” based on names or trademarks of ÉSOPHY or its affiliates without our express written consent. In case of unauthorized use, the license granted by ÉSOPHY is terminated.
5.4. You may not use any logo or other proprietary graphic or trademark of ÉSOPHY, or open source code or part of the link without our prior written consent.
- Terms of sale
6.1. By placing an order you agree to purchase a product according to the following terms and conditions. We dispatch products worldwide. After placing an order our customers will receive an order confirmation email, which should include the details for the checkout through payment. Depending on the legislation of each country outside the European Union, there may be restrictions on the sale of certain products or the sale of certain products may not be allowed at all. You will be notified by email in case of such a problem.
6.3. Orders can be shipped 24 hours a day, 7 days a week. For this reason and to keep you fully informed and protect you in the best possible way against unforeseen circumstances, orders are completed as follows:
6.4. i) Upon completion of your order request, your total aggregate order will appear, including all the details of your request. If you proceed to the stage of completion of your order, you will be connected to the third-party payment service provider to complete the payment of the agreed price. Upon successful completion of the payment, you will receive an automated e-mail confirming your order, which will also be sent to the email address you have indicated. In case you select the account deposit payment method, the order will not be executed until the company’s bank account is credited with the total amount due.
- ii) To ensure the highest possible security of your transactions, our Company may (but is not obliged to) carry out a control through the collaborating payment service providers as to the correctness of the payment information you have sent us (in case of credit card payment or payment through a third-party online payment service provider) upon completion of your order and connection with a third-party payment service provider. Our Company may reject your order if there is any problem or even the possibility of any problem arising regarding this information.
6.5. i) After that, your order proceeds to the stage of collection and the preparation of the shipment of the products or picked up from our boutique. The delivery of your products is subject to the Terms of article 8 below.
- ii) In case there is an unexpected shortage in one/some of the products you have ordered and/or a product will be available after the time of delivery stated on our online store, or in case there is a problem regarding the products included in your order, our Company will make every possible effort to contact you either by e-mail, via the email address you have indicated, or calling to consult with you for any modification, correction or cancellation of your order. In case we have not been able to contact you for up to 7 calendar days, then your order will be executed for the part which is available and it will be cancelled for the rest of it. In any case, you will be notified of any modification of your order again by e-mail, via the email address you have indicated. This email will also constitute a confirmation of your order based on which your order will be executed. The shipping of the products will be carried out according to article 8 below.
6.6. Please note that shipping times may vary depending on the availability of the products and therefore any product that is out unavailable will delay our shipping time. Delivery times are subject to delays caused by courier delays or force majeure for which we cannot be held responsible. Within the European Union, deliveries usually take 1-3 working days after the shipping confirmation (1-6 working days within Greece). Please check article 8 on our company’s Delivery Policy for further information.
6.7. After receiving the confirmation email you can use the order tracking tool we provide, at all times, through the section “My Account” on ÉSOPHY’S Website.
6.8. When placing an order, you undertake that all details you provide us with are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. In any case, the Company reserves the right to proceed to the controls referred to in article 6.4. II) above.
6.9. Please note that, due to the nature of our products, which consist mainly of products that can be damaged or expire, or of perishable and thereby sensitive products, it is the customer’s responsibility to follow the instructions provided on the product package or on our Website. Likewise, the customer undertakes the responsibility for the products from their delivery to the carrier. In addition, due to the nature of the offered products, we will hold no responsibility in case the product is not received from the customer in case of cash on delivery order, pick up order from our boutique, on the day of delivery, through fault of their own, i.e. on the first delivery attempt. ÉSOPHY reserves the right to change the specifications of all products without prior notice.
6.10. All items are intended for personal use only and not for re-sale, except in the case of professionals (retailers/B2B customers), who must have been approved as B2B (Business to Business) customers.
6.11. When you place an order, you will receive an e-mail confirming that we have received and accepted your order. The product purchase contract will be drawn up only after your payment has been authorized and the amount has been charged to your credit card, debit card, or when the Company’s bank account is credited with the total amount due. In case of cash on delivery or cash payment at our boutique, the products are delivered with retention of ownership (cash on delivery applies only to deliveries within Greece, while cash payment applies if you pick up your order from our boutique.) In case you select the account deposit payment method, the order will not be executed until the company’s bank account is credited with the total amount due.). Please note that we only accept Euro for cash on delivery or cash payments.
6.12. During the processing of your order you will receive a number of automated emails informing you on the progress of your order.
- i) These emails concern the following steps:
- a) Order confirmation: as provided in articles 6.4 and 6.5. above
- b) Order processing: When the products of the order have been collected and are ready to be shipped to your address, along with the consignment note.
- c) Collection by customer: The order has been delivered to the designated address, including the receipt/invoice.
- d) Incomplete order: You will be notified in case one/some of the products of your order has/have not been collected and the order has remained incomplete.
- e) Cancelled order: In case your order has been cancelled for the reasons mentioned in the Present Terms
- ii) In addition, in case anything is missing or a problem occurs while processing your order, you will receive a corresponding e-mail and/or we will contact you by phone, via the phone numbers you indicated when you registered or when you placed your order on our website.
6.13 By sending an order request you consent to receiving the above notices, which are a precondition for the proper progress of your order. You should make sure you can receive these e-mails and store them throughout the duration of our transaction. In case you are not receiving these e-mails, you have to contact us through the Contact us section. The parties agree and acknowledge that the communication described in article 6.12 and the pattern of said communication (by e-mail or telephone) also covers the legal conditions of your written briefing, your notification, the confirmation of your order, so far as is required by law. Should you wish to object, or to ask for clarifications regarding the content of an e-mail you have received as mentioned above, or for any other reason, you may contact our Customer Care Team through the Contact us section.
6.14 In case you place a telephone order with your initiative upon your call you consent to the following:
- i) Your calls, as we inform you at the beginning of each telephone communication, might be recorded for safety reasons but also for reasons that serve the proper completion of your orders.
- ii) You may pay for your order by cash on delivery or by bank account deposit, only within Greece (or upon picking up the products from our company’s boutique after having paid for your order).
iii) Provided that the user has an e-mail address, a number of emails referred to in article 6.12 above are sent to the e-mail address he/she will indicate to our representative in charge. Otherwise, the user accepts that the order confirmation which will be recorded during the telephone communication is full proof of the total order and its pricing and that it complies with the terms and conditions of your written briefing, notification, order confirmation, so far as is required by law. In case of any problem during the execution of your order, we will contact you at any time by telephone at the telephone numbers you have indicated.
- iv) For all other instances, all the present Terms and Conditions apply to telephone orders.
7.1. ÉSOPHY’S users consent to the company maintaining the general right to change freely its pricing policy. The customers during their phone ordering may be informed for the current prices.
7.2. The Services may contain typographical errors or other errors or inaccuracies and may not be complete or updated to the last detail. We therefore reserve the right to make corrections to any errors, inaccuracies or omissions and to change or update information on the website at any time without prior notice.
- Delivery/shipping of products
8.1. Our company offers alternative ways of receipt and delivery of products for your convenience. When you place your phone order, you are asked to choose how you wish to receive or how you want us to send you the products you have ordered. Depending on the way you have selected, the total final cost of your order is calculated. This cost will be used for the payment of your order and will be included in the order confirmation. In addition, during your phone order we will inform you about the delivery time of your order. We cannot guarantee neither the arrival time nor the exact delivery time of the ordered goods. Our company is not accountable for any delays caused by force majeure or unexpected events or events beyond its control. In the event of delay our company will make every possible effort to contact you.
8.2 Please note that products delivered outside the European Union (EU) may be subject to custom clearance and relevant fees; the company cannot be held liable for any other costs that may be added to these subject to different national legislations. We cannot know in advance what these charges may be; on the contrary, the consumer is in a better position to have knowledge or be aware of them or, at least, of the possibility of their existence and, for this reason, we recommend you check this possibility before placing an order on our website.
8.3. In case of collection from our store, with account deposit as well as in the case of cash on delivery, our company retains ownership of the purchased goods until full and complete payment of the purchase price.
8.4. In case you wish your order to be dispatched to an indicated delivery address by a partner transportation company, our company is responsible for the proper delivery of your order to the carrier, and, from that point on, the liability lies with the buyer subject to article 524 AK. The transportation cost is defined by the pricing policy of each transportation company, which is solely responsible for shipping charges and which may alter the relevant prices at any time. ÉSOPHY is not liable for any such pricing change.
9.1. In order to serve you in the best and most thorough way, our company offers a choice of payment methods for the products you are interested in buying. In this context, we offer you the possibility to choose, as described below, the payment method for the products you are interested in buying, i.e. a) via credit card, b) through an account deposit c) through cash on delivery only for Greece, d) through payment in cash, which applies for the collection of the order from our boutique. Please note that it is not possible to combine different payment methods for one order.
9.2. We accept payments by VISA, VISA Debit, MasterCard, Maestro and AmEx. We also accept cash on delivery payments but ONLY within Greece and with an extra fee of 2,5€ for the rest of Greece (including VAT). We also accept account deposits. Please note that we do not accept cheques as payment for your purchases.
9.3. Provided that you have selected credit card as a payment method, the transaction will be executed and completed by one of our trusted partner banking institutions which provides all the guarantees of security in electronic transactions. More specifically, your transactions in our electronic shop are protected by maximum online security systems since they are governed as solemnly declared by our partner banking institution by the PCI/PSS protocol which guarantees a secure transaction environment for many large enterprises worldwide. The collection and processing of the payment information you send us is done exclusively by the partner banking institutions, which are solely responsible for their processing for the completion of the payment.
9.4. According to the current tax provisions, receipts of over €500 issued to individuals (Retail Receipt) and to professionals/enterprises (Sales Invoice) should be paid off ONLY in the following ways:
- Charge to credit or debit card
- Account Deposit
- Order change/cancellation
10.1. An order change or cancellation can only be accepted if the confirmed order has not been dispatched, i.e. the order has not been completed. After order confirmation and even if the order has not been dispatched, the delivery address CANNOT be changed for security (anti-fraud) reasons.
10.2. Given that our products include goods which can be altered or which expire soon or are perishable and therefore vulnerable products, please be advised that these products are explicitly excluded by law from the right of rescission.
10.3. In case of any problem please contact us through the Contact us section.
- Returns of products in the event of actual defect or lack of agreed capacity
11.1. We aim to provide 100% customer satisfaction. However, if you receive a wrong or faulty product, or in case of any other problem resulting from our fault, please contact us immediately, through the Contact us section for further details.
11.2. In all cases of return of products purchased on our online store due to actual defect or proven lack of agreed capacity resulting from our fault, the following shall apply:
- i) The returned products can only be sent to our boutique at 10, Agiou Trifonos street, Kifissia Attiki PO 145 62 Greece. The collection of the product will be handled after you have first contacted us through the Contact us section and informed us of the proven problem in connection to the specific product.
- ii) The product you are sending back to our company must be in the same condition in which it was received. It must be unused, it must be complete in its intact original packaging with all the documents that accompanied the product and it has to be preserved in the proper storage conditions.
iii) The returned products should be accompanied by: the Retail Receipt/ Sales Invoice or Delivery Note. Please note that if one of the above mentioned documents is missing, your request cannot be fulfilled and the product will not be collected by our Company.
- Disclaimer of liability
12.1. The content of this Website (regarding the listed products and offered services) is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law, ESOPHY excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity law, and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or in connection to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. In addition,
12.2. Our company cannot be held liable for any loss or damage that may be caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your hardware, software, data or other proprietary material due to the use of this Website or the download of any material posted on this or any other website linked to it.
12.3. The company and its partners make every possible effort, in the context of the technical control they carry out at regular intervals, to ensure that there is seamless and uninterrupted access to ÉSOPHY’S services, content and transactions while maintaining the company’s high safety level. However, the company cannot be held liable if for any reason, including negligence, the operation of ÉSOPHY is interrupted or hindered and/or it is not possible to access it and/or if, despite the applied security measures, “viruses” or other malicious software are identified and transmitted to the terminals of users/visitors or if unauthorized third parties intervene in any way in the content and operation of the website hindering its use, causing problems to its proper functioning or stealing data related to users’ personal information. Furthermore, we cannot be held liable in case of interruption to the access to our website for reasons beyond our sphere of influence, as well as due to technical or other network failure, force majeure or unexpected events.
- Linking to this Website
You may link to our home page, provided you do so in a fair and legal way, without damaging our reputation or taking advantage of it, but you must not establish a link in a way implying any form of association, approval or endorsement on our part where none exists. You must not establish a link from any Website that you do not own. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without prior notice.
ÉSOPHY shall, at its own absolute discretion, at any time and without notice, have the right to modify, remove or change the Services and/or any page of this Website.
16.2. By visiting the Website or sending us e-mails, you are communicating with us electronically. Our forms of communication with you are by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you with electronically meet any legal requirement that such communications be in writing.
We use a complaints handling procedure with a view to try to resolve any disputes that may arise. Should you have any complaints or comments, please contact us through the Contact us section.
- Social media
The Website provides you with the option to interact with social media networks, i.e. Facebook, Instagram, Twitter, Google+, Pinterest and other. These features may enable access and/or signing in to your social media accounts. We do not control those social media services and your profiles on those services, and we cannot change your privacy settings on those services or establish rules about how your personal information on those services will be treated. Only you and the social media service providers may control those issues, not ÉSOPHY. We recommend you read all policies and information on the respective social media services to learn more about their privacy policies before using any such features made available to you on our Website. We are not responsible for any acts or omissions by any social media service provider or your use of features included in their platform.
To the extent permitted, we hereby exclude liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the Website or the data featured on it, including, without limitation to, direct, indirect, incidental, or consequential losses, or damages, whether arising from the following indicative issues, loss of profits, loss of revenue, loss of data, loss of use or otherwise, and whether or not the possibility of such loss has been notified to ÉSOPHY. The foregoing will apply whether such claims, losses or damages arise in tort, contract, negligence, under statute or otherwise. However, when using our Services, your statutory rights are not affected. Always bear in mind that our site is provided “as is”. As a result, access to it is made at the entire risk of the visitor-user.
- Governing Law and Jurisdiction
These terms are governed by and construed in accordance with the laws of Greece and the European Union (EU). You agree, as we do, to submit to the exclusive jurisdiction of the courts of the city of Athens in Greece, Europe.
- Entire Agreement
20.2. If any provision of the contract is held to be abusive or is void, this does not affect the other terms of the contract, which shall remain valid and binding to the parties.
20.3 Any delay in exercising some or all of the rights by the parties under these terms does not imply the weakening or waiver of this right, which may be exercised at any time at a later stage and in the beneficiary’s reasonable discretion.
- Ethical Sourcing Policy
A reputable and trusted business, ÉSOPHY is committed to offering its customers high quality products, while feeling obliged to ensure that is operating ethically and provides consistently a safe and healthy environment for their employees to work in, respecting fundamental human rights. provide complies with their national employment laws and regulations especially as regards:
- Minimum age of employment
- Freely chosen employment
- Health and safety
- Freedom of association and the right to collective bargaining
- Not discrimination
- Not harsh or inhumane treatment
- Working hours
- Rates of pay
- Terms of employment
Due to the complexity of some of our suppliers’ supply chains, it is not always possible to monitor and control the conditions under which each individual participates in the production of our products. However, as ÉSOPHY continues to grow, we recognize the importance of being proactive and doing everything within our power to protect the rights of those involved in the production of the goods we are offering. ÉSOPHY cannot be held liable for any unethical behaviour on the part of its suppliers.